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Each of the two Houses is presided over by a Speaker. The Speaker of the Senate is a Senator selected by the Prime Minister and formally appointed by the Governor General. The Speaker of the House of Commons, on the other hand, is elected by his fellow Members. In general, the powers of the Speaker of the House are much greater than the powers of the Speaker of the Senate. Following the British model, the upper House is more or less self-regulating, whereas the Lower House is controlled from the chair. In 1991, however, the powers of the Speaker of the Senate were expanded, moving his or her position closer to that of the Speaker of the House.
The Constitution of Canada establishes the quorums of both Houses. The quorum is fifteen Senators in the Upper House and twenty Members in the Lower House. In each House, the Speaker is counted when ascertaining the presence of a quorum.
Both Houses may determine motions by voice vote; the presiding officer puts the question, and, after listening to shouts of "Yea" and "Nay" from the members, announces which side is victorious. The decision of the Speaker is final, unless a recorded vote is demanded by members of the House (at least two Senators or at least five Members of the House of Commons). Members in both Houses vote by rising in their places to be counted. In the Senate, the Speaker is allowed to vote (though he or she does not often do so, in the interests of maintaining impartiality), and if there is no majority, the motion is defeated. In the House, however, the Speaker may not vote, unless there is a tie.
After a general election, the Governor General (acting on the advice of the Prime Minister) formally issues a proclamation summoning Parliament. On the day indicated by the proclamation, the Members of the two Houses assemble in their respective chambers. The ceremony observed at this time is similar to that observed in the British Parliament. Having assembled, the Commons are summoned to the Senate Chamber, where they are instructed to elect a Speaker. The Commons return to their chamber, elect a Speaker, and then adjourn.
On the next day, a ceremony known as the State Opening of Parliament occurs. The Usher of the Black Rod, an official of the Senate, formally summons the Commons to the Senate. The Commons process to the Bar of the Senate, but do not enter the Senate Chamber itself. The Speaker of the House then presents himself to the Governor General (who takes his or her seat on the Throne in the Senate Chamber), formally claiming the rights and privileges of the House of Commons. The Speaker of the Senate then replies, acknowledging, on the behalf of the Governor General, the privileges of the House of Commons. With the Members of the House of Commons remaining at the Bar, and with the Senators seated in the Senate Chamber, the Governor General (seated on the Throne) delivers an address known as the Speech from the Throne. In it, he or she outlines the program of the Government for the upcoming legislative session. The speech is actually written by the ministers, with the Governor General's duty being merely ceremonial.
A session of Parliament, having been formally opened, continues until a "prorogation" brings about its conclusion. Prorogation is generally achieved by a proclamation of the Governor General, again issued on the advice of the Prime Minister. No special prorogation ceremony, however, needs to be observed. Having been prorogued, each House does not conduct any further business until the Governor General issues another proclamation for a new session. The procedures described above are used at the beginning of such a session, except that a new Speaker need not be elected and the privileges of the House of Commons need not be claimed again.
Each Parliament, after a number of sessions, comes to an end, usually by a "dissolution." A dissolution is effected by the Governor General, who, however, acts on the advice of the Prime Minister. Because a general election follows, the timing of a dissolution is usually politically motivated, with the Prime Minister selecting the moment most advantageous to his or her political party. A dissolution, however, may also become necessary if the Prime Minister's support in the House of Commons collapses (see Relationship with the Executive below). Dissolution is not the only method by which a Parliament may be brought to an end: parliamentary terms expire five years after they begin. In the history of Canada, however, no Parliament has been allowed to "expire"; rather, every Parliament has been dissolved before the end of its term.
After each Parliament ends, whether by dissolution or by effluxion of time, Members of the House of Commons face general elections, but Senators continue in office. Each body that assembles following an election is considered a separate Parliament; thus, the body which assembled in 2004 is known as the Thirty-Eighth Parliament.
Laws, in draft form known as bills, may be introduced by any member of either House, but are most often introduced by Ministers of the Crown, and are known as Government Bills. Bills introduced by members who are not Ministers are known as Private Members' Bills (in the case of the House of Commons) or as Private Senators' Bills (in the case of the Senate). Bills may also be categorised as Public Bills (if they apply to the general public) or as Private Bills (if they particularly concern a person or a limited group of persons).
Each bill goes through a number of stages in each House. The first stage, known as the first reading, is purely formal. At the ensuing second reading, the general principles of the bill are debated; though a rejection is possible, it is not common in the case of Government Bills.
Next, the bill is sent by the House in question to one of several different committees. Most often, the bill is committed to a Standing Committee, a body of Members or Senators which specialises in a particular subject (such as foreign affairs). The committee may examine witnesses, Ministers, and experts, debate the bill, and recommend amendments. The bill may also be committed to the Committee of the Whole, a body which consists, as the name suggests, of all the members of the House in question. Finally, in the case of the House of Commons, a special or ad hoc Legislative Committee may be established for the sole purpose of considering a particular bill. Whichever committee is used, any amendments proposed by the committee are considered by the whole House in the Report Stage. Furthermore, additional amendments not proposed by the committee may also be made.
After the Report Stage (or, if the committee made no amendments to the bill, immediately after the Committee Stage), the final stage of the bill—the third reading—occurs. Further amendments are not permitted in the House of Commons, but are allowed in the Senate. If it passes the third reading, the bill is sent to the other House, where it passes through the same stages. Amendments made by the second House require the assent of the original House in order to stand part of the final bill. If, however, one House passes amendments that the other will not agree to, and the two Houses cannot resolve their disagreements, the bill fails.
Finally, if the bill is passed in identical form by both Houses, it is presented for the Royal Assent. In theory, the Governor General has three options: he or she may grant the Royal Assent (making the bill law), withhold the Royal Assent (vetoing the bill) or reserve the bill for the Signification of the Queen's Pleasure (allowing the Sovereign to personally grant or withhold Assent). If the Governor General does grant the Royal Assent, the Sovereign may, within two years, "disallow" the bill, thereby annulling the law in question. By modern constitutional convention, however, the Royal Assent is always granted, and bills are never disallowed.
In conformity with the British model, only the House of Commons may originate bills for the imposition of taxes or for the appropriation of public funds. Otherwise, the theoretical power of both Houses over bills is equal, with the assent of each being required for passage. In practice, however, the House of Commons is the dominant chamber of Parliament, with the Senate rarely exercising its powers in a way that opposes the will of the democratically elected House.
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